Each holder of a permit of apprenticeship shall be known as an
apprentice. Any miner holding a certificate of competency and
qualification may have one person working with him or her, and
under his or her supervision and direction, as an apprentice, for
the purpose of learning and being instructed in the duties and
calling of mining. Any mine foreman or fire boss or assistant mine
foreman or fire boss may have three persons working with him or her
under his or her supervision and direction, as apprentices, for the
purpose of learning and being instructed in the duties and calling
of mining: Provided,
That a mine foreman, assistant mine foreman
or fire boss supervising apprentices in an area where no coal is
being produced or which is outby the working section may have as
many as five apprentices under his or her supervision and
direction, as apprentices, for the purpose of learning and being
instructed in the duties and calling of mining or where the
operator is using a production section under program for training
of apprentice miners, approved by the board of miner training,
education and certification.

Every apprentice working at a surface mine shall be at all
times under the supervision and control of at least one person who
holds a certificate of competency and qualification.

In all cases, it is the duty of every mine operator who
employs apprentices to ensure that such persons are effectively
supervised and to instruct such persons in safe mining practices.
Each apprentice shall wear a red hat which identifies the
apprentice as such while employed at or near a mine. No person shall be employed as an apprentice for a period in excess of eight
months, except that in the event of illness or injury, time
extensions shall be permitted as established by the director of the
office of miners' health, safety and training.